The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1887-07-01
KANSAS COUNTY SEATS.

KANSAS COUNTY SEATS.
TIE Governors Decision In the Stantoo
Coanty Cnse-Cotsern,An's Report Ap-
provsd-rhe Law Governing shs Taking
q the Census.
TorEKA, Kan, June 4-Thc Governor
has handed down the following decision in
the Stanton County seat cases. As it is the
Arxt case arising under the new law, the
opiAion will be read with interest all over
the State:
STATE or KANSAS, EXECUTIVE DEPAKr-
NENT. TOPEKA, Kan, June 1s.-On April q, 1885,,
there WIS presented TO me . memorial, duly
authenticated Is required BY law. and signed
by over 100 householders and legal electors OF
the unosgansed county Of Stanton, setting forth
that there were $50 bona fide inhabitants in
that county, 40O Of whom were householder4.
and praying for the organization Of said county.
On the same day. In compliance with author
~ vested IN me by law, appointed W. A. Cot
terman. . bona fide resident Of the county Of
Usage, to take the census and asceStain the
Aumber OF actual bona fi2e inhabitants of the
anorganized county Of Stanton and TO discharge
such other duties as are by law devolyed upon
the census takers appointed in such cases. On
April esaidCotterman Fled in the executive once
his oflcial oath as required by law and proceeded
70 the discharge OF the duties Of his once.
On June 3, 1885,. said Cotterman made due r..
turn % the Governor. upon appropriate sched-
ules in duplicate, u the census enumeration,
assessment Of real and personal property, and
election Of legal voters Of said unorgsn!zed
county Of Stanton for temporary county seat,
such returns having attached thereto his AFT
nayit, sworn to before the clerk Of the Supreme
Court OF the State. that the census enumers-
ton and assessment contained therein are in
partial and true. and that the choice set forth
in said returns of the legal electors Of said
eounty for the temporary county seat, is the
choice OF each and every eiector rs therein set
forth
The returns made by said Cotterman of the
enumeration and assessment made by him.
show that the total number Of Inhabitants Of
said unorganized county Of Stanton Is twenty
eight hundred and sixty four t2.684) Of whom
eight hundred 1901 are householders. They
further show that the assessed value Of real
estate in villages is e oel. and in lands eli0,4,
and that the assessed value of personal proper
~, exclusive Of legal exemptions, is s1l1.aa
making the total assessed value Of the taxable
property Of the county. real and personal, t22.-
40. Said returns further record the election OF
seven hundred and eighty-two (.Sa) legal voters
for temporary county seat, of whom four hun
dred and thirty-two (43s) elected the town of
johnson City, two hundred and eighty-four
CcSD elected tie town Of Eli and sixtysix t66)
elected the town Of West Haven. All other
facts required by law TO be recorded in the re-
turns OF the census taker are duly set down.
The returns made by the census taker, in -
far Is they emumerate the Inhabitants and the
amount Of property found within the bounds Of
said unerganlzed County OF Stanton, are not
challenged. But the registry made by said
census taker Of the election Of legal voters for
temporary county seat was challenged by rep
resentatives Of the town Of Eli, contestants a.
leging. under oath, gross carelessness on the
part Of the census talser in failing TO keep his
record book constantly IN his own possession;
the changing Of votes BY the census taker. after
thoy were once recorded at the request Of the
voters themselves or Of persons claiming 70
have authority to request such changes; the
changing Of votes BY unauthorized persons,
while the record book was not In possession Of
the census taker and without hts knowledge;
the striking Of names from the record book by
the census taker for the reason, as stated by
him, that thsy were not legal voters, the CEN
sus tsleer relying in making these changes
HDsn his memory; that the census record was
made with . lead pencil and is marred, blurred,
scratched and erased. and that u least 1O4 votes
were changed from Eli to johnson City by the
census taker without any authority In Law or
fact
INC cchSuS takcr. replying 70 tneSe olle8B-
tons under oath denies that he was guilty OF
earelessness in the custody Of his records. The
field book, he asserts. was never out Of his pos
session for any length Of time, and no changes
were made in IL By any unauthorized person.
All the records embraced in it were made BY
himself, in his own handwriting. and are true
records Of the census enumeration, votes for
the county seat and other facts rs ascertained
BY him - the official census taker Of Stanton
County.
Mr.. Cotterman admits that . number Of L.
gal voters Of Stanton County were permitted
by him to change their votes for temporary
county seat. He had designated no day Is the
day for the census, and, in fact, the e!eoAien
was continuous until he closed his books. The
vote Of Stanton County, rs originally given By
the expression of its voters, was, for JOHNSON
City. $50: for Eli. 2a:; for West Haven, "A. The
vote after the changes recesded At the request
Of voters were made. stood: For johnson City,
49,; for Eli. 2S4: for West Haven. g. He fur
ther states that the greater number Of these
changes were made at the town OF Eli
ON the 18th day Of May. No votes were
changed unless the voter appeared IN per
son, or sent him written request, and
less than twenty votes were changed on the
written requeet Of voters who did not appear in
person. No person except himself made such
changes on the record book. All names Of vOt-
ers that were stricken from the record book
were erased on the memoranda Of age, resi-
dence ETC.. made by himself on the book. show.
ing that the persons whose names were so
erased were not legal voters. Not one-tcnth of
the number Of names alleged By contestants to
have been 50 stricken on the books, were
erased. He denies that 104 votes were changed
from Eli to johnson City, and asserts that the
change in votes, allowed to be made by voters.
we're very largely IN the interest of the town OF
Eli. He alleges further that until the 18th day
Of May, when his work Of census taker was
practically completed, no perssn in Stanton
County knew how the vote for county seat
stood. nor did he himself know. He had never,
previous to that daS, counted the votes for the
competing towns, nor permitted any one else TO
do 50. No complaints Of unfairness or PARTIAL
ty were made against him until after it WAS as
eeYtained how the vote stood; and a circular is
sued BY citizens Of the town Of Eli, only q few
lays before the close Of the census, invites and
arRes citizens Of Stanton County 70 assemble
u Eli on May ~ when Mr.. Cotterman would be
present and list all citizens who have not
been listed, and chonge all who have made .
choice for county seat and desire q change, or
record ell Who have recorded themselves unde-
e;ded."
Tie law relating to the organization of nov
counties, after deAnine the duty OF the census
enumefator. says: 1.-THE census taker shall
register upon said duplicate schedules, opposite
the name Of each legal voter, his election for
Temporary location Of county seat, which shall
be taken by the Governor Is the definite e1.
precision Of said voter. unless there be evidence
before him that said list has been tempered
With and changed"
The original field book Of tAs census taker
shows on rs tace that many changes have been
made in it. But NO conclusive evidence was
presented 70 establish the fact that such changes
were made BY unauthorized persons. and the
census taksr sdiFms that all changes were made
by himself II can not, think, be fairly ssr
sumed that the ceneus taker had NO right 70
change and perfect his original record Made,
q such . record must necessarily be, with mad